Conflict in the employment relationship

Examples of Employer & Employee Conflicts |

conflict in the employment relationship

Although the Labour Code fails to define a 'conflict of interest', its general principles prohibit employees from engaging in conduct which could. Conflicts between employers and employees have the potential to harm Identifying potential areas of conflict, and addressing them, can help keep a Examples of a Employee-Employer Relationship in a Company · How. Introduction In this report I will discuss my support on writer's view that Conflict is inherent in the Employment Relationship, discu.

Finally, Jack decides to take a risk and ask two of the most senior employees on his team.

conflict in the employment relationship

After some discussion, everyone realizes that the problem is a cultural one. In many British workplaces, workers are largely expected to do their jobs without receiving a lot of positive feedback or cheerleading.

This is different from the way US companies often operate, including the one where Jack now works.

Is Conflict Inevitable in the Employment Relationship? Essay Example for Free

Jack takes the initiative in resolving the issue by being more proactive in identifying good work and praising his employees both privately and publicly. Harassment, Bullying and Discrimination Harassment, bullying and discrimination all take their toll on the physical and mental health of employees. In some cases, employers actively perpetrate harassment, bullying and discrimination, in others, the employer simply tolerates it within the workplace, refusing to take action until an employee files a lawsuit or report with a government labor agency.

Gerald is a year-old man working as a salesperson in a hardware store. There are several younger employees in the store, and a few consistently treat him with disrespect, making nasty comments about his being old, slow and "computer illiterate" because he is still not very good with the online inventory system.

At first, Gerald left off the comments, but he is rapidly getting tired of them. He has politely, and privately, spoken to the most vocal of the younger employees, asking him to stop the needling. Instead, the younger man told Gerald that he was being too sensitive and the bullying has gotten worse. Gerald eventually approaches the store owner about the situation.

conflict in the employment relationship

The owner likes Gerald, but is unwilling to get involved with what he calls "employee issues. The store owner became defensive and continued to do nothing about the situation. Eventually, the bullying began to affect Gerald's health. He quit his job and then applied for unemployment benefits, arguing that his employer's failure to address the age-based harassment created a hostile work environment.

Gerald not only won unemployment benefits but is now involved in a lawsuit against his former employer.

Examples of Employer & Employee Conflicts

Legal Issues Employee relations issues stem from various aspects of employment and labor law. Legal issues such as workplace harassment, discrimination and equal opportunity are among the employee relations issues employers must face.

Employers are obligated to investigate harassment and discrimination allegations in the workplace and provide a possible remedy to the situation. Employers also must reasonably accommodate workers who require modification of job duties because of disability or pregnancy. Conflict Management Conflicts often arise in the workplace between co-workers, as well as between employees and managers.

When disputes arise, managers must implement specific procedures for resolution while maintaining optimal working relationships. These procedures allow employees to voice their concerns and have the issues resolved internally.

conflict in the employment relationship

Such situations must be treated with a high level of care. Court practice does not usually consider that these persons could not behave objectively with each other in the context of their employment or that they would automatically misuse this position.

conflict in the employment relationship

However, employers may take organisational measures ie, relocate one of the employees to another department to avoid unwanted consequences. Such a situation may sometimes occur without the employer's knowledge, which may raise questions about the limits of the employees' right to privacy and their duty to inform the employer about circumstances that may influence the performance of their employment duties.

Conflict of interest for political reasons Although the freedom of thought and political views are constitutional rights, they may, in certain cases, violate the employer's economic interests if an employee joins a political party. This may result in a conflict of interest in the case of employers that must remain objective and cannot avoid the appearance of being linked to a political party.

Addressing conflicts of interest As explained above, it is impossible to give a detailed overview of all situations which may result in an employee conflict of interest. The above examples highlight certain aspects and show that the protection of an employer's rightful economic interest may sometimes collide with employees' freedoms or constitutional rights.

Conflicts of interest in employment relationships - Newsletters - International Law Office

However, limiting that freedom is not prohibited, especially when the holder of those rights enters into a contractual relationship at his or her free will. Employers must act with care when limiting such rights and are advised to implement measures aimed at preventing conflicting situations ie, to prescribe reporting or notification duties to employees.

conflict in the employment relationship

If an employee reports a situation from which a conflict of interest may arise, the employer is in a position to take measures. An employee's violation of a notification obligation may support the employer's position in the case of a subsequent dispute. Notification obligations or other rules may also be prescribed by the employer in internal policies.